Gone and Disappeared: Divorcing a Missing Spouse

by 48 Minutes | Friday, Sep 2, 2016 | 459 views

Divorcing a Missing Spouse in ProvoIt has been months since your spouse left you without giving notice. You honestly believe that he will come back and has a good explanation for why he left and didn’t contact you. Months have turned into a year and you think he has left you for good and does not intend to come back. You decided to accept this fact, forget about him, and move on to a new life.

Get Things in Order

It’s good to know that you’re ready to move on and be happy. It is important, however, to get things in order before starting over. This means filing a lawsuit to divorce a missing spouse. Failure do so means you’re still married, even though he’s been missing in action. Buhler Thomas Law, P.C. and other divorce attorneys in Provo say that you need to serve a notice, as required by the basic notions of fairness.

Notice and Service by Publication

Serving a notice is as simple as having a relative or a neutral third party drop the notice or mail at your spouse’s house. If your partner is nowhere to be found (after repeated search attempts), a court will order a service by publication. This means posting the notice in a newspaper or local courthouse where your spouse is likely residing. At this point, it does not matter whether your partner receives the notice because the process can move forward.

Read:  Getting Married? Get a Prenup First

Court Proceedings

After publication, you need to wait a certain period of time to give the other party a chance to respond. When the time expires and you still got no response, you need to go to court for formality purposes. Uncontested cases are easily granted and the judge will resolve other matters like child custody. For some states, however, they wait for the other party before deciding on property division and custody issues.

When divorcing a missing spouse, it is advisable to hire a trustworthy divorce lawyer. This is to make sure that you will follow the court proceedings accordingly. The right legal professional will also inform you about your rights and the unique procedures or laws in your state.

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